On the distinction between criminal negligence and innocent harm in the conditions of dangerous industrial activity

Abstract

The article discusses the controversial aspects of the qualification of careless acts, the problems of distinguishing criminal negligence and innocent harm. The authors analyze the doctrinal and practical issues of assessing the actions (inaction) of subjects who carry out hazardous production activities, are equally responsible for compliance with safety regulations and are required to clearly perform their functions in the division of labor. At the same time, as a result of such joint actions, the death of one of the participants in the process occurs. In this case, is the consequence of death causally related to the behavior of the survivor, to what extent should he be responsible for the actions (inaction) of the deceased. The paper indicates that with a detailed analysis of the situation, it is possible to talk about the absence of criminal negligence and the presence of innocent harm. The possibility of foreseeing adverse consequences in this case is always mediated by the behavior of another person (persons) who jointly carry out a dangerous type of activity, unforeseen circumstances related to the actions of other responsible participants in the development of the situation may interfere in the chain of development of the causal relationship.